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APPENDIX——CHANCERY LAWS.
to be paid therefor, acknowledged and recorded as mortgages and
deeds are to prevent frauds directed by law to be acknowledged
and recorded, shall be good and valid, and shall stand and be a security,
according to the purport and intent thereof, for a compliance
on the part of the mortgagor, his heirs, executors and administrators,
with the terms and conditions of such mortgages, and that
although there shall be no covenant or express agreement contained
in such mortgage for the payment of such principal money
and interest, the mortgagor, his heirs, executors and administrators,
shall be bound to pay the principal money and interest, as if
express covenants were contained in the deed of mortgage for that
purpose. |
NOV. 1784.
CHAP. 58. |
3. AND BE IT ENACTED, That if the mortgagor,
his heirs, executors
or administrators, shall not pay the principal money and
interest, agreeable to the purport and intent of any such mortgage,
the court of chancery may and shall, as speedily as the case
will permit, foreclose such mortgagor, his heirs, executors, administrators
and assigns, of their equity or redemption in the mortgaged
premises, and order and direct a sale thereof, or of such
part as may be necessary to raise and satisfy all principal and interest
due, with costs, and if any part of the mortgaged premises
remains unsold, by order to reinstate the mortgagor, or person entitled
under him, whose former legal estate shall be restored by
virtue of such order and this act; but if sufficient cannot be raised
by such sale, then the court of chancery may and shall decree the
balance to be paid by such mortgagor, his heirs, executors or administrators,
and by process compel a full compliance with such
decree; and this legislature plight and engage the faith and honour
of this state, that in no event (even in the case of war, if such
should unhappily take place,) will the legislature interfere, or prevent
in any degree this course of justice, on any foreign loan made
on any such security, but the courts of justice shall remain open,
and any foreigner receiving or recovering his money, may freely
carry the same out of this state. |
Court of chancery
may foreclose, &c. |
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NOVEMBER SESSION, 1777.
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CHAP. LXXII.
An Act for enlarging the power of the High Court of Chancery.
Lib. TBH. No. B. fol. 1.
Supplementary and other acts 1785,
ch. 78, April 1787, ch. 30, 1789, ch. 46,
1790, ch. 38, 1790, ch. 60, 1791, ch. 79, 1792, ch. 41, 1792, ch. 76, 1793,
ch. 75,
1794, ch. 60, 1795, ch. 88, 1797, ch. 51, ch. 114, 1798, ch. 84, 1799,
ch. 79, 1800,
ch. 67, 1804, ch. 64, ch. 107, 1806, ch. 55, 1807, ch. 140, May 1813, ch.
21,
1818, ch. 133, ch. 193, 1819, ch. 144, ch. 183. |
Passed March 10,
1780. |
BE IT ENACTED, by the General Assembly of Maryland,
That
where any person or persons under the age of twenty-one years,
or being idiot, lunatic, or non compos mentis, are or shall be possessed
of any lands, tenements, hereditaments or real estate whatsoever,
which are, or shall be and stand, mortgaged for the payment
of any sum or sums of money or tobacco, or for securing
the payment of any debt whatsoever, it shall and may be lawful for the
chancellor, |
In certain cases
chancellor may
order a sale, &c. |
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